Construction vehicles are a regular sight across Florida, specifically in areas undergoing residential and commercial development. While these vehicles serve a necessary purpose, their size and limited visibility can create serious hazards for nearby workers and passersby alike.
If you were injured in an accident involving a construction vehicle, Florida law likely entitles you to pursue financial compensation. Continue reading to learn about how you can take legal action in these circumstances with help from an experienced Florida truck accident attorney.
What Are My Legal Options After a Florida Construction Vehicle Accident?
Your legal options will largely depend on whether you were a worker on the job site or were a bystander, such as a passing motorist.
If you were injured while working, your primary avenue for compensation is typically through Florida’s workers’ compensation system under Chapter 440 of the Florida Statutes. Workers’ comp provides benefits regardless of who was at fault for the accident. However, these benefits are often limited and may not fully account for the extent of your losses.
That is where third-party claims come into play. In some cases, you may still have the right to file an additional personal injury lawsuit against a party other than your employer who contributed to the Florida accident (you usually can’t file a lawsuit directly against your employer if they have workers’ compensation insurance, but there are a few exceptions). Potentially liable third parties could include:
- The operator of another company’s construction vehicle
- A subcontractor responsible for site safety
- The manufacturer of a defective piece of equipment
- A government agency overseeing the project
If you were not a worker but were injured by a construction vehicle while driving or walking nearby instead, your claim would generally fall under standard personal injury law. In either situation, having an attorney review the facts of your case is the best way to understand every avenue of financial recovery available to you.
How Long Do I Have To File a Construction Vehicle Accident Claim in Florida?
The timeline you are working with depends on the type of claim you need to file. For workers’ compensation, you must report your injury to your employer within 30 days under Florida Statutes § 440.185. From there, state law requires that a petition for benefits be filed within two years of the date you knew or should have known your injury was connected to your work.
For a third-party personal injury lawsuit, Florida’s statute of limitations gives you two years from the date of the Florida accident to file your claim in most circumstances. Missing either of these deadlines could result in losing your right to compensation entirely, so it’s best to seek legal advice as soon as you can.
Contact a Florida Construction Vehicle Accident Lawyer for a Free Consultation
If you were injured in a construction vehicle accident in Florida, you may be entitled to substantial compensation. A trusted personal injury lawyer with Elliott Law Firm can help you evaluate your best course of action and aim to put maximum monetary damages into your pocket from there.
Contact us today at (800) 300-0303 to schedule a free case evaluation and learn how we can help. We work on a contingency fee basis, meaning you only pay us for our work if you win compensation.